Federal
judges
are
not
known
for
flying
off
the
handle.
Which
is
why,
when
a
federal
judge
announces
that
his
patience
is
at
an
end,
everyone
should
probably
sit
up
straight.
Enter
Judge
Patrick
Schiltz,
Chief
of
the
District
of
Minnesota,
a
George
W.
Bush
appointee
who
has
apparently
reached
the
“I
am
absolutely
done
with
this”
stage
of
dealing
with
the
Trump
administration’s
approach
to
immigration
enforcement.
In
a
sharply
worded
order,
Schiltz
took
the
“extraordinary
step”
of
ordering
the
Todd
Lyons,
acting
director
of
Immigration
and
Customs
Enforcement,
to
personally
appear
in
court
to
explain
why
he
should
not
be
held
in
contempt.
See,
it
turns
out
judges
don’t
love
litigants
ignoring
court
orders.
The
order
stems
from
ICE’s
arrest
of
a
man
earlier
this
month
and
placed
in
immigration
detention.
On
January
14,
Judge
Schiltz
ordered
the
government
to
provide
the
detainee
with
a
bond
hearing
within
seven
days.
He
was
very
clear
about
the
stakes.
If
the
government
failed
to
comply,
the
man
was
to
be
immediately
released.
But
the
government
went
and
pulled
a
Bartleby
the
Scrivener
and
preferring
not
to
do…
anything
about
the
court’s
order.
Schiltz
did
not
mince
words
about
what
this
represents.
He
noted
that
the
administration
has
developed
an
“unfortunate
habit”
of
ignoring
court
orders
literally
dozens
of
times
in
immigration
cases
during
the
course
of
ICE’s
occupation
of
Minnesota.
Time
and
again
courts
have
issued
directives
and
the
government
has
just
shrugged.
All
of
which
is
why
Schiltz
wrote,
“The
Court’s
patience
is
at
an
end.”
Hauling
the
head
of
a
federal
agency
into
court
is
not
something
judges
do
lightly.
But,
as
Schiltz
put
it,
“the
extent
of
ICE’s
violation
of
court
orders
is
likewise
extraordinary,
and
lesser
measures
have
been
tried
and
failed.”
What
makes
this
moment
especially
striking
is
who
Schiltz
is
not.
He
is
not
a
Democratic
appointee
itching
for
a
fight.
He
is
not
a
new
judge
trying
to
make
a
name.
He
is
a
two-time
Antonin
Scalia
clerk
and
a
George
W.
Bush-era
conservative
jurist
who
appears
to
have
had
just
about
enough
of
an
executive
branch
that
treats
court
orders
as
optional
suggestions.
Schiltz
did
offer
the
administration
an
off-ramp.
Lyons
can
avoid
this
entire
mess
if
the
government
simply
complies
with
the
original
order
and
releases
the
detainee.
TL;
DR
version:
respect
the
authority
of
the
court
and
this
all
goes
away.
And
ICE
blinked.
According
to
reports,
the
government
has
released
the
detained
man.
Wonder
if
this
newfound
conciliatory
tack
will
extend
to
the
“dozens”
of
other
orders
the
government
is
flouting.
Read
the
full
order
below.
Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of
The
Jabot
podcast,
and
co-host
of
Thinking
Like
A
Lawyer.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email
her
with
any
tips,
questions,
or
comments
and
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her
on
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@Kathryn1 or
Mastodon
@[email protected].